ENVIRONMENTAL MANAGEMENT ACT

Transcription

1 CHAPTER 20:27 ENVIRONMENTAL MANAGEMENT ACT Act 13/2002, 5/2004(s. 23), 6/2005(s. 28) Section 1. Short title and date of commencement. 2. Interpretation. 3. ApplicationofthisActinrelationtootherlaws. ARRANGEMENT OF SECTIONS PARTI PRELIMINARY PART II GENERAL PRINCIPLES OF ENVIRONMENTAL MANAGEMENT AND FUNCTIONS OF MINISTER 4. Environmental rights and principles of environmental management. 5. General functions of Minister. 6. Delegation of powers by the Minister. PART III NATIONAL ENVIRONMENT COUNCIL 7. Establishment of a National Environmental Council. 8. Duties and functions of the Council. PART IV ENVIRONMENTAL MANAGEMENT AGENCY 9. Establishment of Environmental Management Agency. 10. Functions and powers of Agency. PARTV ENVIRONMENT MANAGEMENT BOARD 11. Establishment of Environment Management Board. 12. Composition of Board. 13. Disqualifications for membership of Board. 14. TermsofofficeandconditionsofserviceofmembersofBoard. 15. Vacation of office by members of Board. 16. Filling of vacancies on Board. 17. Chairman and vice-chairman of Board. 18. Co-opted members of Board. 19. Meetings and procedure of Board. 20. Committees of Board. 21. Minutes of proceedings of Board and of committees. 22. Remuneration and allowances of members of Board and of committees. 23. Directions to Board. 24. Reports of Board. 25. BoardtohaveaccesstoallMinisters. 26. Board to consult experts on technical questions. 27. Hearings by Board. 28. Powers of Board to summon witnesses and take evidence at hearings. 29. Penalty for witness failing to attend hearing or give evidence or produce documents. 30. Penalty for giving false evidence at hearing. 31. BoardmayreferquestionsoflawtoHighCourt. 32. Proof of recommendations and decisions of Board. 33. Safeguarding State interests.

2 PART VI STAFF OF AGENCY 34. Appointment and functions of Director-General. 35. Inspectors and other officers. 36. Monitoring functions of Director-General, inspectors and other officers. 37. Powers of officers and inspectors. 38. Execution of contracts and instruments by Agency. 39. Reports of Agency. 40. Minister may require statistics and information. 41. Investigation into affairs of Agency. PART VII FINANCIAL PROVISIONS RELATING TOAGENCY 42. Funds of Agency. 43. Investment of moneys not immediately required by Agency. 43. Financial year of Agency. 44. Accounts of Agency. 45. Accounts of Agency. 46. Audit of Agency s accounts. 47. Internal Auditor. 48. Establishment of Environment Fund. 49. Composition of Fund. 50. Environment Levy. 51. Administration of Fund. 52. Application of Fund. 53. Financial year of Fund. 54. BooksofaccountandauditofFund. PART VIII ENVIRONMENT FUND PART IX ENVIRONMENTAL QUALITY STANDARDS 55. Establishment of a Standards and Enforcement Committee. 56. Functions of the Standards and Enforcement Committee. 57. Water pollution prohibition. 58. Duty to supply plant information to the Board. 59. Effluent to be discharged only into sewerage system. 60. Licence to discharge effluents. 61. Cancellation of effluent discharge licence. 62. Register of effluent discharge licences. 63. Air quality standards. 64. Licensing emissions. 65. Application for emission licence. 66. Cancellation of emission licence. 67. Register of emission licences. 68. Emission by motor vehicles and other conveyances. 69. Standards for waste. 70. Prohibition against discharge and disposal of wastes. 71. Application for waste licence. 72. Hazardous waste. 73. Prohibition of discharge of hazardous substances, chemicals and materials or oil into the environment. 74. Standards of pesticides and toxic substances. 75. Application for registration of pesticides and toxic substances. 76. Registration of pesticides and toxic substances 77. Offences relating to pesticides and toxic substances. 78. Seizure of pesticides and toxic substance. 79. Standards for noise.

3 80. Noise in excess of established standards prohibited. 81. Exemption in respect of noise standards. 82. Standards for the control of noxious smells. 83. Prohibition against littering. 84. [Repealed] 85. [Repealed] 86. [Repealed] PARTX ENVIRONMENTAL PLANS 87. National Environmental Plan 88. Contents of National Plan. 89. Invitation of public comment. 90. Confirmation of National Plan. 91. Operative National Plan to be open to public. 92. Effect of operative National Plan. 93. Changes to operative National Plan. 94. Review and replacement of operative National Plan. 95. Local authority environmental action plan. 96. Environmental management plans. PART XI ENVIRONMENTAL IMPACT ASSESSMENT, AUDIT AND MONITORING OF PROJECTS 97. Projects for which environmental impact assessment required. 98. Developer to submit prospectus. 99. Contents of environmental impact assessment report Consideration of environmental impact assessment report and issue of certificate Period of validity of certificate Register of certificates Transfer of certificates prohibited Amendment, suspension or cancellation of certificate Developer to notify Director-General if project not implemented or altered Environmental audit of projects Developers to minimise adverse effect of projects on environment Inspection of environmental impact assessment reports. PART XII CONSERVATION AND IMPROVEMENT OF ENVIRONMENT 109. President may set aside State land or acquire other land for environmental purposes President may set aside areas of Communal Land for environmental purposes Minister may construct works Apportionment of costs of works constructed in terms of section Protection of wetlands Minister may make order for protection of environment Inspector may make order for protection of environment Conservation of and access to biological diversity Regulation of biological and genetic resources. PART XIII CONTROL OF INVASIVE ALIEN SPECIES 118. Interpretation of this Part Duty of persons responsible to clear invasive alien species Powertoenteruponland Manner in which warnings may be served An inspector may clear land at expense of person responsible Prohibition on placement of invasive alien species in any watercourse or on any road Powertotakesamplesofseedandtreatmentofplant,seedorgrainofferedforsale Local authorities authorised to make by-laws.

4 126. A person responsible may petition Minister to have a plant declared invasive alien species Alteration of Third Schedule. PART XIV APPEALS 128. Interpretation in Part XIV 129. Appeal against decision of inspector 130. Appeal against decision of authority Composition of Administrative Court for purposes of this Act International obligations and commitments PART XV INTERNATIONAL OBLIGATIONS AND COMMITMENTS PART XVI GENERAL 133. Functions of local authority Powers of Minister, etc, in respect of Communal Land preserved Incentives for environmental management Observation of rules of natural justice Additional offences and penalties under Part IX Additional offences and penalties under Part XIII Additional penalties for contraventions of this Act Regulations Amendment of First Schedule Amendment of Acts Repeal of Cap 20:13 and savings Repeal of Caps 20:23, 15:05 and 19: Transfer of certain assets, obligations, etc of State to Agency Construction of certain references. SCHEDULES First Schedule: Projects that Require an Environmental Impact Assessment. Second Schedule: Ministries Represented in National Environment Council. Third Schedule: Powers of Agency. Fourth Schedule: Composition of Standards and Enforcement Committee. Fifth Schedule: Invasive Alien Species and Noxious or Offensive Gases. Sixth Schedule: Amendment to Acts. AN ACT to provide for the sustainable management natural resources and protection of the environment; the prevention of pollution and environmental degradation; the preparation of a National Environmental Plan and other plans for the management and protection of the environment; the establishment of an Environmental Management Agency and an Environment Fund; to amend references to intensive conservation areas and committees and associated matters in various Acts; to repeal the Natural Resources Act[Chapter 20:13], the Atmospheric Pollution Prevention Act[Chapter 20:03], the Hazardous Substances and Articles Act[Chapter 15:05] and the Noxious Weeds Act [Chapter 19:07]; and to provide for matters connected with or incidental to the foregoing. [Dateofcommencement: 7thApril,2006 section144,remainderofact17thmarch,2003] PARTI PRELIMINARY 1 Short title This Act may be cited as the Environmental Management Act[Chapter 20:27]. 2 Interpretation InthisAct Agency means the Environment Management Agency established by section nine;

5 appropriate authority (a) in relation to forest land, means the Forestry Commission established in terms of the Forest Act [Chapter 19:05]; (b) inrelationtoparksandwildlifeland,meansthedepartmentofnationalparksandwildlife Management established in terms of the Parks and Wild Life Act[Chapter 20:14]; (c) in relation to Communal Land or resettlement land, means the rural district council within whose area the land is situated, where the Minister has assigned environmental management functions to that council in terms of section one hundred and thirty-three; (d) inrelationtowaterpollution,meansthepersonwhomtheminister,bynoticeinthegazette,has specified as the appropriate authority for the waters concerned or, if no person has been so specified, the appropriate authority for the land riparian to those waters; (e) inrelationtoalienatedland,means (i) theoccupieroftheland; or (ii) ifthelandhasnooccupier,theuseroftheland; or (iii) ifthelandhasneitheranoccupiernorauser,theowneroftheland; and includes any person appointed by the occupier, user or owner, as the case may be, to be the appropriate authority for the land; biological diversity means biological diversity as defined in the United Nations Convention on Biological Diversity adopted in 1992; Board means the Environment Management Board established by section eleven; construct includes to do, maintain, repair, carry out, reconstruct or alter; Council means the National Environment Council established by section seven; developer means any person who proposes or undertakes to implement a project; Director-General means the Director-General of the Agency; dust meansanysolidmatterinafineordisintegratedformwhichiscapableofbeingdispersedorbeing suspended in the atmosphere; effluent means waste water or other fluid originating from domestic, agricultural or industrial activity, whether the water or fluid is treated or untreated and whether it is discharged directly or indirectly into the environment; emission means gas, fumes, smoke, dust or odour originating from domestic, agricultural or industrial activity, vehicles, engines or processes; environment means (a) the natural and man made resources physical resources, both biotic and abiotic, occurring in the lithosphere and atmosphere, water, soil, minerals and living organisms whether indigenous or exotic and the interaction between them; (b) ecosystems, habitats, spatial surroundings or other constituent parts whether natural or modified or constructed by people and communities, including urbanised areas, agricultural areas, rural landscapes, and places of cultural significance; (c) the economic, social, cultural or aesthetic conditions and qualities that contribute to the value of thematterssetoutinparagraphs(a)and(b); environmental audit means the systematic documentation and periodic objective evaluation of the protection and management of the environment; environment committee means an environment committee of a rural district council appointed in terms of the Rural District Councils Act[Chapter 29:13]; environmental impact assessment means an evaluation of a project to determine its impact on the environment and human health and to set out the required environmental monitoring and management procedures and plans; environmental impact assessment report means a report on an environmental impact assessment that is referred to in section one hundred; fixeddate meansthedatefixedintermsofsubsection(2)ofsectiononeasthedateonwhichthisactshall come into operation; government agency means any Ministry, department, organ or agency of the State or government, including a local authority; hazardous substance means any substance, whether solid, liquid, or gaseous or any organism which is injurious to human health or the environment; hazardous waste means waste which is poisonous, corrosive, noxious, explosive, inflammable, radioactive, toxic or harmful to the environment; inspector means an inspector appointed in terms of section thirty-five;

6 invasive alien species means, generally, exotic plants which have become naturalised and threaten the existence of indigenous species by penetrating and replacing indigenous vegetation, and, in particular, shallhavethemeaninggiventothatterminsectiononehundredandeighteen; licensing authority means any person on whom power is conferred under any enactment to issue a licence inrespectofanyactivityrequiredunderthatenactmenttobedoneorcarriedoutwithalicence; manage, in relation to the environment, means to manage with a view to securing its protection, conservation, regulations, rehabilitation or sustainable use, or any combination or all of the foregoing; Minister means the Minister of Environment and Tourism or any other Minister to whom the President may, from time to time, assign the administration of this Act; monitor means to assess, continuously or periodically, the state and trends of developments on any part of theenvironmentaswellastheactualorpotentialimpactofanyactivityontheenvironmentandhuman health; National Plan means a National Environmental Plan prepared in terms of Part X; natural resource includes (a) the air, soil, waters and minerals of Zimbabwe; (b) the mammal, bird, fish and other animal life of Zimbabwe; (c) the trees, grasses and other vegetation of Zimbabwe; (d) the springs, vleis, sponges, reed-beds, marshes, swamps and public streams of Zimbabwe; (e) anyotherthingthatthepresidentmay,bynoticeinastatutoryinstrument,declaretobeanatural resource, including a landscape or scenery which, in his opinion, should be preserved on account of its aesthetic appeal or scenic value; noxiousoroffensivegas means thegases,fumes,dust,odoursandsmokesspecifiedinpartivofthe Fifth Schedule; occupier, in relation to land or premises, means any person lawfully occupying or controlling the land or premises; officer means an officer appointed in terms of section thirty-five; owner,inrelationtolandorpremises,means (a) thepersonregisteredinthedeedsregistryastheownerofthelandorpremises; or (b) inthecaseofstateland,otherthan (i) communal land; or; (ii) forest land; or (iii) land referred to in paragraph(e); the Minister responsible for the management or administration of the land; or (c) in the case of communal land, the Minister responsible for the administration of the Communal Land Act[Chapter 20:04]; or (d) inthecaseofforestland,theforestrycommission;or (e) any person who lawfully holds or occupies land, including State land, in accordance with an agreementorenactmentunderwhichheisentitledtoobtaintitletothelandonthefulfilmentof conditions prescribed in the agreement or enactment; andincludes (i) thelegalrepresentativeofanownerreferredtoinparagraph(a)or(e);and (ii) theliquidatorofacompanywhichisanownerreferredtoinparagraph(a)or(e)andwhichisin liquidation; pollutant means a substance which, when released from any process, is capable of causing pollution; pollution means any direct or indirect alteration of the physical, thermal, chemical, biological or radioactive properties of the environment caused by the discharge, emission or deposit of a substance intotheenvironmentinsuchquantityandforsuchdurationandundersuchconditionsastocausean actual or potential danger to the environment or to human health; premises means any building or structure, including the land on which such building or structure is situated; project means an activity which has or is likely to have an impact on the environment and which is specified in the First Schedule; responsible Minister, in relation to environmental matters, means any Minister or Vice-President who, in terms of any enactment, is empowered or required to exercise any function in respect of the environment; sustainable utilisation means the use or exploitation of the environment which guards against the extinction, depletion or degradation of any natural resource and permits the replenishment of natural resources by natural means or otherwise; Secretary means the Secretary of the Ministry for which the Minister is responsible;

7 State land means land vested in the President; smoke includes fly ash, soot, grit and gritty particles emitted in smoke; transport conveyance means any motor vehicle, train, boat, aircraft or other similar conveyance; user,inrelationtoland,meansaperson,otherthananowneroroccupier,whohasorexercisesanyrights in,overoruponlandorwhomakesuseoflandinanyway; water includes (a) surface water; and (b) allwaterwhichrisesnaturallyonanyprivatelandordrainsorfallsnaturallyontoanyprivate land,evenifitdoesnotvisiblyjoinanypublicstream;and (c) all ground water; waste includes domestic, commercial or industrial material, whether in a liquid, solid, gaseous or radioactive form, which is discharged, emitted or deposited into the environment in such volume, composition or manner as to cause pollution; wetland means any area of marsh, fen, peatland or water, whether natural or artificial, permanent or temporary, with water that is static or flowing, fresh, brackish or salt, and includes riparian land adjacent to the wetland; works means measures taken or to be taken or anything whatsoever constructed or to be constructed with a view to managing the environment. 3 ApplicationofthisActinrelationtootherlaws (1) Exceptwhereitisexpresslyprovidedtothecontrary,thisActshallbeconstruedasbeinginadditiontoand notinsubstitutionforanyotherlawwhichisnotinconflictorinconsistentwiththisact. (2) IfanyotherlawisinconflictorinconsistentwiththisAct,thisActshallprevail. PART II GENERAL PRINCIPLES OF ENVIRONMENTAL MANAGEMENT AND FUNCTIONS OF MINISTER 4 Environmental rights and principles of environmental management (1) Everypersonshallhavearightto (a) acleanenvironmentthatisnotharmfultohealth;and (b) access to environmental information; and (c) protect the environment for the benefit of present and future generations and to participate in the implementation of the promulgation of reasonable legislative policy and other measures that (i) prevent pollution and environmental degradation; and (ii) secure ecologically sustainable management and use of natural resources while promoting justifiable economic and social development. (2) Subject to this Act, the following principles of environmental management shall apply to the actions of all persons and all government agencies, where those actions significantly affect the environment (a) all elements of the environment are linked and inter-related, therefore environmental management must be integrated and the best practicable environmental option pursued; (b) environmental management must place people and their needs at the forefront of its concern; (c) the participation of all interested and affected parties in environmental governance must be promoted and all people must be given an opportunity to develop the understanding, skills and capacity necessary for achieving equitable and effective participation; (d) environmental education, environmental awareness and the sharing of knowledge and experience must be promoted in order to increase the capacity of communities to address environmental issues and engender values, attitudes, skills and behaviour consistent with environmental management; (e) development must be socially, environmentally and economically sustainable. (f) anticipated negative impact on the environment and on people s environmental rights shall be prevented, and where they cannot be altogether prevented be minimised and remedied; (g) any person who causes pollution or environmental degradation shall meet the cost of remedying such pollution or environmental degradation and any resultant adverse health effects, as well as the cost of preventing, controlling or minimising further pollution, environmental damage or adverse health effects; (h) global and international responsibilities relating to the environment must be discharged in the national interest; (i) sensitive, vulnerable and highly dynamic or stressed ecosystems require specific attention in management and planning procedures, especially where they are subject to significant human resource usage and development pressure. (3) The environmental rights and principles of environmental management set out in subsections (1) and(2) shall

8 (a) serve as the general framework within which plans for the management of the environment shall be formulated; and (b) serve as guidelines for the exercise of any function concerning the protection or management of the environmentintermsofthisactoranyotherenactment;and (c) guide the interpretation, administration and implementation of any other law concerning the protection or management of the environment. 5 General functions of Minister (1) SubjecttothisAct,itshallbethedutyoftheMinister (a) to regulate the management of the environment and to promote, co-ordinate and monitor the protection of the environment and the control of pollution; and (b) to regulate the activities of all government agencies and other agencies to the extent that their activities impact on the environment; and (c) tolaybeforeparliamentareportonthestateoftheenvironmentattheendofeveryperiodoffiveyears; and (d) to monitor the environment and trends in the utilisation of natural resources and the impact of such utilisation on the environment or any segment thereof; and (e) to co-ordinate the promotion of public awareness and education on environmental management; and (f) toimposepenaltiesintermsofthisactonanypersonswhocauseharmtotheenvironment;and (g) to ensure that persons or institutions that are responsible for causing environmental harm will meet the cost of remedying that harm; and the Minister, in consultation with the Board and responsible Ministers, shall have such powers as are necessary to carry out this duty. (2) Without limiting the generality of subsection(1), the Minister shall have the following functions in addition totheotherfunctionsassignedtohimintermsofthisact (a) to formulate and cause to be implemented policies for environment management; and (b) to recommend to Government which international and regional conventions on the environment Zimbabwe should become a party to and to secure the incorporation of such conventions into domestic law. 6 Delegation of powers by the Minister TheMinistermaydelegatetotheAgencyortheCouncilsuchofhisfunctionsunderthisActashethinksfit. PART III NATIONAL ENVIRONMENTAL COUNCIL 7 Establishment of a National Environment Council (1) There is hereby established a council to be known as the National Environmental Council which shall consists of (a) the Secretaries in the Ministries for the time being responsible for the matters specified in the Second Schedule; [Paragraphamended,Act6of2005,s.28] (b) two representatives of universities to be appointed by the Minister after consultation with the relevant universities; (c) two representatives of specialised research institutions to be appointed by the Minister after consultation with such institutions; (d) three representatives of the business community, to be appointed by the Minister after consultations with business organisations; (e) two representatives of local non-governmental organisations active in the environmental field to be appointed by the Minister after consultations with relevant organisations; (f) thedirectorgeneral,whoshallbethesecretarytothecouncil;and (g) suchothermembersasmay,fromtimetotime,beco-optedbythecouncil withtheapprovalofthe Minister. (2) The Minister shall designate one member as chairman of the Council and one member as vice-chairman of the Council and the vice-chairman shall exercise the functions of the chairman during any period that the chairman is unable to exercise them. (3) TheMinistershallpublishthenamesofthepersonsappointedintermsofparagraphs (b),(c),(d),(e)and (g)ofsubsection(1)bynoticeinthegazette. (4) Theappointmentsmadeintermsofsubsection(1)shallbeforarenewableperiodofthreeyears,butshall cease if the appointee (a) serves the Minister with a written notice of resignation; or (b) is absent from three consecutive meetings of the Council without the permission of the chairman; or

9 (c) isconvictedofanoffenceandsentencedtoimprisonmentforatermexceedingsixmonthsortoafine exceeding level four; or (d) is incapacitated by prolonged physical or mental illness from performing his duties as a member of the Council; or (e) conducts himself in a manner deemed by the Minister, in consultation with the Council, to be inconsistent with membership of the Council; or (f) is adjudged bankrupt or has entered into a scheme or arrangement with his creditors. 8 Duties and functions of the Council (1) The following shall be the functions of the Council (a) to advise on policy formulation and give directions on the implementation of this Act; and (b) to advise on national goals and objectives and determine policies and priorities for the protection of the environment; and (c) to promote co-operation among public departments, local authorities, private sector, non-governmental organisations and such other organisations engaged in environmental protection programmes; and (d) to make recommendations to all appropriate persons and authorities regarding the harmonisation of functions related to the environment; (e) to review and recommend to the Minister guidelines for environmental management plans and environmental action plans; and (f) to review the national environmental plan; and (g) to review and recommend incentives for the protection of the environment; and (h) toperformsuchotherfunctionsasareassignedtoitbytheministerunderthisact. (2) TheCouncilshallmeetatleastfourtimesineveryfinancialyear,atsuchplaceasitmaydeemappropriate for the transaction of its business. (3) The chairman or, in his absence, the vice-chairman shall preside at all meetings of the Council. (4) ThesecretarytotheCouncilshallprepareandkeepalltherecordsoftheproceedingsofmeetingsofthe Council. (5) ThepowersoftheCouncilshallnotbeaffectedbyanyvacancyinthemembershipthereofnorbyany defectintheappointmentofapersonwhoisamemberofthecouncil. (6) Subject to this section, the Council shall regulate its own procedure. PART IV ENVIRONMENTAL MANAGEMENT AGENCY 9 Establishment of Environmental Management Agency There is hereby established an Agency, to be known as the Environmental Management Agency, which shall be abodycorporatecapableofsuingandbeingsuedinitsownnameand,subjecttothisact,ofperformingallacts that bodies corporate may by law perform. 10 Functions and powers of Agency (1) SubjecttothisActandanyotherenactment,thefunctionsoftheAgencyshallbe (a) to formulate quality standards on air, water, soil, noise, vibration, radiation and waste management; (b) to assist and participate in any matter pertaining to the management of the environment; and in particular (i) to develop guidelines for the preparation of the National Plan, environmental management plans and local environmental action plans; (ii) to regulate and monitor the collection, disposal, treatment and recycling of waste; (iii) to regulate and monitor the discharge or emission of any pollutant or hazardous substance into the environment; (iv) tokeeprecordsintheformofregistersofalllicences,andpermitsissuedunderthisact; (v) to regulate and monitor the control of invasive alien species; (vi) to regulate, monitor, review, and approve environmental impact assessments; (vii) to regulate and monitor the management and utilisation of ecologically fragile ecosystems; (viii) to make model by-laws to establish measures for the management of the environment within the jurisdiction of the local authorities; (ix) to develop and implement incentives for the protection of the environment; (x) to recommend to the Government the conventions which the country may join, and incorporate their provisions into national law; (xi) toco-ordinatetheproductionofareportonthestateoftheenvironmenteveryfiveyearsforthe purpose of paragraph(c) of subsection(1) of section five;

10 (xii) to undertake any works deemed necessary or desirable for the protection or management of the environmental where it appears to be in the public interest or where in its opinion an appropriate authority has neglected to do so; (xiii) to serve written orders on any persons requiring them to undertake or adopt such measures as are specified in the orders to protect the environment; (xiv) to carry out periodic environmental audits of any projects including projects whose implementation started before the fixed date for the purpose of ensuring that their implementation complies with the requirements of this Act; (xv) to regulate and monitor access by any person to the biological and genetic resources of Zimbabwe; (xvi) to recommend to the Minister the formulation of any regulations pertaining to the provisions of this Act (xvii) to carry out any other duties and functions as directed by the Minister. (2) Before formulating the quality standards in terms of paragraph (a) of subsection (1), the Agency shall consult any other Minister, association, agency or authority it considers has responsibilities relating to the standards concerned. (3) After any consultation in terms of subsection(2), the Agency shall (a) givenoticeinthegazetteandinanewspaperwithwidecirculationoftheplacesatwhichtheproposed quality standards will be publicly exhibited and the period within which objections or representations in connection with the quality standards may be made to the Agency; and (b) foraperiodofnotlessthanthirtydaysaftergivingnoticeintermsofparagraph(a),exhibitacopyof the proposed quality standards at each of the places specified in the notice. (4) When formulating quality standards in terms of subsection(1), the Agency shall take into consideration any objections or representations received in response to the notice in terms of paragraph(a) of subsection(3). (5) The quality standards formulated under subsection(1) shall be minimum standards which shall serve as guidelines by reference to which any authority or person shall exercise his functions concerning the protection of theenvironmentintermsofthisactoranyotherenactment. (6) Forthebetterexerciseofitsfunctions,theAgencyshallhavethepower,subjecttothisAct,todoorcause tobedone,eitherbyitselforthroughitsagents,alloranyofthethingsspecifiedinthethirdschedule,either absolutely or conditionally and either solely or jointly with others. PARTV ENVIRONMENT MANAGEMENT BOARD 11 Establishment of Environment Management Board The operations of the Agency shall, subject to this Act, be controlled and managed by a board called the Environment Management Board. 12 Composition of Board (1) Subjecttothissectionandsection thirteen,theboardshallconsistofnotfewerthannineandnotmore than fifteen members appointed by the Minister after consultation with the President. (2) Of the members appointed in terms of subsection(1) (a) thereshallbeatleastoneexpertineachofthefollowingareas (i) environmental planning and management; (ii) environmental economics; (iii) ecology; (iv) pollution; (v) waste management; (vi) soil science; (vii) hazardous substances; (viii) water; (ix) sanitation; (b) one shall be a legal practitioner registered in terms of the Legal Practitioners Act[Chapter 27:07]; and (c) one shall be the secretary for the Ministry responsible for environment; (3) WheneveravacancyontheBoardistobefilled,theMinistershall (a) call upon any organisation which, in his opinion, has the expertise that should be represented on the BoardtosubmittohimalistofnamesofpersonssuitableforappointmenttotheBoard;and (b) refertothepresidentanylistsubmittedtohiminresponsetoarequestmadeintermsofparagraph(a); and the President shall give due consideration to any such list when appointing a person to fill the vacancy.

11 13 Disqualifications for membership of Board (1) ApersonshallnotbeappointedasamemberoftheBoard,andnopersonshallbequalifiedtoholdoffice asamemberif (a) he is neither a citizen of Zimbabwe nor ordinarily resident in Zimbabwe; or (b) he has been adjudged or otherwise declared insolvent or bankrupt in terms of a law in force in any country, and has not been rehabilitated or discharged; or (c) hehasmadeanassignmenttoorarrangementorcompositionwithhiscreditorsintermsofalawin force in any country, and the assignment, arrangement or composition has not been rescinded or set aside; or (d) he has been sentenced (i) inzimbabwe,inrespectofanoffence;or (ii) outside Zimbabwe, in respect of conduct which, if committed in Zimbabwe, would have constituted an offence; toatermofimprisonmentofnotlessthansixmonthsimposedwithouttheoptionofafine,whetheror notanyportionhasbeensuspended,andhasnotreceivedafreepardon;or (e) he has been convicted (i) in Zimbabwe of an offence involving dishonesty; or (ii) outside Zimbabwe, in respect of any conduct which, if committed in Zimbabwe, would have constituted an offence involving dishonesty; andsentencedtoafineofanyamountortoatermofimprisonmentofanyduration,whetherornotany part of the sentence has been suspended. (2) Apersonwhois (a) amemberofparliament;or (b) amemberoftwoormoreotherstatutorybodies; shallnotbeappointedasamemberoftheboardnorshallhebequalifiedtoholdofficeasamember. (3) Forthepurposesofparagraph(b)ofsubsection(2),apersonwhoisappointedtoacouncil,boardorother Agencywhichisastatutorybodyorwhichisresponsiblefortheadministrationoftheaffairsofastatutorybody shallberegardedasamemberofthatstatutorybody. 14 TermsofofficeandconditionsofserviceofmembersofBoard (1) AmemberoftheBoardshallholdofficeforsuchperiod,notexceedingthreeyears,asthePresidentmay fixatthetimeofhisappointment. (2) On the expiryoftheperiodforwhichanappointedmemberhasbeenappointedtotheboard,heshall continue to hold office until he has been re-appointed or his successor has been appointed: Providedthatamembershallnotcontinuetoholdofficeintermsofthissubsectionformorethansixmonths. (3) ApersonwhoceasestobeamemberoftheBoardshallbeeligibleforre-appointment. (4) MembersoftheBoardshallholdofficeonsuchconditionsasthePresidentmayfix. 15 VacationofofficebymembersofBoard (1) AnmemberoftheBoardshallvacatehisofficeandhisofficeshallbecomevacant (a) onemonthafterthedatehegivesnoticeinwritingtothepresident,throughtheminister,ofhisintention toresignhisofficeoraftertheexpiryofsuchotherperiodofnoticeasheandtheministermayagree;or (b) on the date he begins to serve a sentence of imprisonment, whether or not any portion has been suspended, imposed without the option of a fine (i) inzimbabwe,inrespectofanoffence;or (ii) outside Zimbabwe, in respect of conduct which, if committed in Zimbabwe, would have constituted an offence; and (c) ifhebecomesdisqualifiedintermsofsectionthirteentoholdofficeasamember;or (d) ifheisrequiredintermsofsubsection(2)or(3)tovacatehisofficeasamember. (2) ThePresidentmayrequireamemberoftheBoardtovacatehisofficeifthemember (a) hasbeenguiltyofconductwhichrendershimunsuitabletocontinuetoholdofficeasamember;or (b) hasfailedtocomplywithanyconditionofhisofficefixedintermsofsectionfourteen;or (c) is mentally or physically incapable of efficiently exercising his functions as a member. (3) ThePresident,ontherecommendationoftheMinister,mayrequireamemberoftheBoardtovacatehis officeifthepresidentissatisfiedthatthememberhasbeenabsentwithouttheconsentofthechairmanoftheboard fromthreeconsecutivemeetingsoftheboard,ofwhichhehasbeengivenatleastsevendays notice,andthatthere was no just cause for the member's absence. 16 Filling of vacancies on Board SubjecttothisPart,onthedeathof,orthevacationofofficeby,amemberoftheBoard,thePresidentmay appoint a person to fill the vacancy:

12 Provided that, if the number of members is fewer than the minimum number of members specified in section twelve, the President shall appoint a person to fill the vacancy. 17 Chairman and vice-chairman of Board (1) The President shall designate one member as chairman of the Board and another member as vice-chairman. (2) The vice-chairman of the Board shall exercise the functions of the chairman whenever there is a vacancy in theofficeofchairmanorthechairmanisforanyreasonunabletoexercisehisfunctions. 18 Co-opted members of Board WiththeapprovaloftheMinister,theBoardmayco-optanypersontotheBoard: Providedthat (a) apersonshallnotbeco-optedtotheboardifheisdisqualifiedfrommembershipoftheboardinterms of section thirteen; (b) aco-optedpersonshallhavenovoteinanydecisionbytheboard. 19 Meetings and procedure of Board (1) SubjecttothisAct,theBoardshallmeetforthedispatchofbusinessandadjourn,closeandotherwise regulate its meetings and procedures as it thinks fit: Provided that the Board shall meet at least four times annually. (2) ThechairmanoftheBoardmayhimselfatanytimeandshall,attherequestinwritingofnotfewerthan twomembers,conveneaspecialmeetingoftheboard,whichmeetingshallbeconvenedatadatenotsoonerthan seven days nor later than thirty days after receipt of such request. (3) Subject to subsection(4) the chairman of the Board or, in his absence the vice-chairman, shall preside at meetings of the Board. (4) Ifthechairmanandvice-chairmanarebothabsentfromameetingoftheBoard,thememberspresentmay electoneoftheirnumbertopresideatthatmeetingaschairman. (5) AmajorityofmembersshallformaquorumatanymeetingoftheBoard. (6) Allacts,mattersorthingsauthorisedorrequiredtobedonebytheBoardmaybedecidedbyamajority voteatameetingoftheboardatwhichaquorumispresent. (7) AtallmeetingsoftheBoardeachmemberpresentshallhaveonevoteoneachquestionbeforetheBoard: Provided that (a) in the event of an equality of votes, the chairman or person presiding shall have a casting vote in addition to his deliberative vote; (b) no member shall take part in the consideration or discussionof,orvoteon,anyquestionbeforethe Boardwhichrelatestohisvacationofofficeasamember. (8) AnyproposalcirculatedamongallmembersoftheBoardandagreedtobyamajorityofthemshallhave thesameeffectasaresolutionpassedatadulyconstitutedmeetingoftheboardandshallbeincorporatedinthe minutes of the next succeeding meeting of the Board: Provided that, if a member requires that any such proposal be placed before the Board, this subsection shall not apply to the proposal. 20 Committees of Board (1) Forthebetterexerciseofitsfunctions,theBoardmayestablishcommitteesinwhich,itmayvestsuchofits functions as it thinks fit: Provided that the vesting of a function in a committee shall not prevent the Board itself from exercising that function,andtheboardmayamendorrescindanydecisionofthecommitteeintheexerciseofthatfunction. (2) Onestablishingacommittee,theBoardmayappointtothecommitteepersonswhoarenotmembersofthe Board. (3) ThechairmanoftheBoardorofacommitteeoftheBoardmayatanyreasonabletimeandplaceconvenea meeting of that committee. (4) Subject to this section, subsections (2) to (8) of section nineteen shall apply, mutatis mutandis, to committeesandtheirmembersastheyapplytotheboardanditsmembers. 21 Minutes of proceedings of Board and of committees (1) TheBoardshallcauseminutesofallproceedingsofanddecisionstakenatanymeetingoftheBoardorof acommitteeoftheboardtobeenteredinbookskeptforthepurpose. (2) Anyminutesreferredtoinsubsection(1)whichpurporttobesignedbythechairmanofthemeetingto which the minutes relate or by the chairman of the next following meeting of the Board or the committee concerned,asthecasemaybe,shallbeacceptedforallpurposesasprimafacieproofoftheproceedingsofand decisions taken at that meeting. (3) The Board shall ensure that copies of all minutes of its meetings are sent to the Minister, for his information, without delay after they have been signed in terms of subsection(2).

13 22 Remuneration and allowances of members of Board and of committees (1) MembersoftheBoardandofcommitteesoftheBoardshallbepaid (a) such remuneration, if any, as the Minister may from time to time fix for members of the Board or members of committees, as the case may be, generally; and (b) such allowances, if any, as the Minister may fix to meet any reasonable expenses incurred by the memberinconnectionwiththebusinessoftheboardorthecommittee,asthecasemaybe. (2) RemunerationpayabletoamemberoftheBoardshallnotbereducedduringhistenureofoffice. 23 Directions to Board (1) The MinistermaygivedirectionsofpolicytotheBoard,andtheBoardshalltakeallnecessarystepsto comply with them. (2) Before giving the Board a direction in terms of subsection (1), the Minister shall informthe Board, in writing, of the proposed direction and the Board shall, within thirty days or such further period as the Minister may allow, submit to the Minister, in writing, its views on the proposal and the possible effects which the proposal may have on the finances, commercial interests and other resources and functioning of the Agency. (3) AfterreceiptoftheviewsoftheBoardsubmittedintermsofsubsection(2),theMinistermayconfirm,alter or withdraw any proposed direction to the Board and, where the Minister has confirmed a direction, whether altered or not, the Board shall forthwith comply with the direction. (4) WhenanydirectionhasbeenreceivedbytheBoardintermsofthissection,theBoardshallsetoutinits annual report the direction received by it, the views expressed by it in terms of subsection (2), and the final direction given to it in terms of subsection(3). (5) IftheBoardfailstocarryoutanydutyimposeduponitbyorunderthisActoranyotherlaw,theMinister maydirecttheboardtotakesuchactionasheconsidersnecessarytorectifythematterwithinsuchtimeashemay specify: Provided that before doing so, the Minister shall give the Board an opportunity to make any representations it maywishtomakeinthematter. (6) IftheBoardfailstotakeactioninaccordancewithadirectionintermsofsubsection (2)withinthetime specified by the Minister, the Minister may take appropriate action on behalf of the Board to rectify the matter. (7) TheBoardshall,initsreportreferredtoinsectiontwenty-four,setoutthenatureandsubstanceofevery directiongiventoitintermsofsubsection(1)and(2),togetherwithanycommentstheboardmaywishtomake regarding the direction. 24 Reports of Board (1) Assoonaspossibleaftertheendofeachyear,theBoardshallsubmittotheMinisteranannualreporton matters dealt with by the Board during that year. (2) AtanytimetheBoardmaysubmittotheMinisteraspecialreportonanymatteruponwhichtheBoard considers it desirable to report. (3) The Minister shall lay before Parliament, on one of the fourteen days on which Parliament next sits after thereportisreceivedbyhim (a) theannualreportsubmittedtohimintermsofsubsection(1);and (b) anyspecialreportsubmittedtohimintermsofsubsection(2)whichtheboardhasrequestedbelaid before Parliament. 25 BoardtohaveaccesstoallMinisters In carrying out its functions, the Board, through its chairman, shall have direct access to every Minister and shall keep the Minister responsible for the environment informed of these meetings. 26 Board to consult experts on technical questions When any matter arises which entails the consideration of any professional or technical question, the Board shall consult such persons as, in the Board s opinion, are qualified to advise on the question. 27 Hearings by Board (1) TheBoardmayand,ifdirectedtodosobytheMinister,shallholdahearingintoanymatter,whichunder thisactoranyotherenactment,itisrequiredorpermittedtoconsideroronwhichitisrequiredorpermittedtotake any action. (2) WheretheBoardistoholdahearing,anyonewhohasaninterestinthesubject-matterofthehearingshall, as far as reasonably practicable, be notified of the questions at issue and given facilities for making such representations on those questions as he may wish. 28 Powers of Board to summon witnesses and take evidence at hearings (1) Forthepurposesofanyhearing,theBoardshallhavethesamepowersasamagistratescourttosummon witnesses, to cause the oath to be administered to them, to examine them and to call for the production of documents.

14 (2) Asubpoenafortheattendanceofawitnessorfortheproductionofanybook,documentorrecordbefore the Board shall be signed and issued bythe chairman of the Board, and shall be served in the same wayas a subpoenafortheattendanceofawitnessatacriminaltrialinamagistratescourt. (3) Any person subpoenaed to give evidence or to produce any book, document or record or giving evidence beforetheboardshallbeentitledtothesameprivilegesandimmunitiesasifheweresubpoenaedtoattendorwere giving evidence at a criminal trial in a magistrates court. 29 Penalty for witness failing to attend hearing or give evidence or produce documents (1) Anypersonwhohasbeensubpoenaedtogiveevidenceortoproduceanybook,documentorrecordata hearingoftheboardandwho (a) fails, without reasonable excuse, to attend in obedience to the subpoena; or (b) atthehearing (i) refuses, without reasonable excuse, to be sworn as a witness; or (ii) having been sworn, refuses, without reasonable excuse, to answer fully and satisfactorily any question lawfully put to him; or (iii) refuses, without reasonable excuse, to produce any such book, document or record he is lawfully required to produce; shallbeguiltyofanoffenceandliabletoafinenotexceedingleveltwoortoimprisonmentforaperiodnot exceeding three months or to both such fine and such imprisonment. (2) Thecourtconvictingapersonofanoffenceundersubsection(1)may,inadditiontoanypenalty,orderthe persontobedetainedincustodyasifhewereaprisonerawaitingtrialuntilheconsentstobeswornortoanswer fullyandsatisfactorilyallquestionslawfullyputtohimortoproducethebook,documentorrecord,asthecasemay be. 30 Penalty for giving false evidence at hearing Anypersonwho,afterhavingbeendulyswornatahearingoftheBoard,wilfullygivesfalseevidencebefore theboard,knowingtheevidencetobefalseornothavingreasonablegroundsforbelievingittobetrue,shallbe guiltyofanoffenceandliabletoafinenotexceedinglevelsevenortoimprisonmentforaperiodnotexceedingtwo years or to both such fine and such imprisonment. 31 BoardmayreferquestionsoflawtoHighCourt (1) IfanyquestionoflawarisesfromadecisionoftheBoard,theBoardmay,onitsowninitiativeoratthe request of any person directly affected by the order, reserve that question for the decision of the High Court. (2) Whereaquestionhasbeenreservedintermsofsubsection (1),theBoardshallstatethequestioninthe formofaspecialcaseandfileitwiththeregistrarofthehighcourt. (3) Theproceduretobefollowedonaspecialcasestatedintermsofsubsection (2),andthepowersofthe HighCourtinregardtoit,shallbeassetoutintheHighCourtAct[Chapter7:06]andrulesmadeunderthatActin regard to special cases. 32 Proof of recommendations and decisions of Board AdocumentwhichpurportstosetoutarecommendationordecisionoftheBoardorofacommitteeofthe BoardandwhichispurportedlysignedbythesecretaryoftheBoardshallbeprimafacieproofofitscontentsand admissible in any court on its production by any person. 33 Safeguarding State interests AnyMinistermaynominateanypersontopresenthisviewstotheBoardwhentheBoardisconsideringany matter affecting a Ministry or department under his administration, and the Board shall entertain any representations madetoitbysuchaperson. PART VI STAFF OF THE AGENCY 34 Appointment and functions of Director-General (1) The Board, with the approval of the Minister, shall appoint the Director-General of the Agency from among persons with qualifications and experience relevant to the functions of the Agency: Provided that no person shall be appointed as Director-General and no person shall be qualified to hold office assuchifhewouldbedisqualifiedforappointmenttotheboardintermsofsection thirteenorifhewouldbe requiredtovacateofficeasamemberoftheboardintermsofparagraph(a),(b)or(c)ofsectionfifteenhadthose sections applied to him. (2) The Director-General shall hold office for such period and upon such terms and conditions as may be determined by the Board and approved by the Minister after consultation with the Minister responsible for finance. (3) Subject to the control of the Board, the Director-General shall (a) exercisesuchoftheagency sfunctionsastheboard,withtheapprovaloftheminister,mayassignto him; and

15 (b) be responsible for the efficient management of the activities, funds and property of the Agency; and (c) exercise general authority over the conduct and discipline of the Agency s staff; and (d) performsuchotherfunctionsastheboardmayassigntohimorasmaybeconferredorimposedonhim byorunderthisactoranyotherenactment. (4) AnassignmentoffunctionsbytheBoardintermsofsubsection(3) (a) may be made generally or specifically and subject to such conditions, restrictions, reservations and exceptions as the Board may determine; (b) mayberevokedbytheboardatanytime; (c) shall not preclude the Board itself from exercising the functions. 35 Inspectors and other officers (1) TheBoardmayappoint (a) such number of inspectors as it considers necessary to carry out inspections and ensure the proper enforcement of this Act; and (b) such number of environmental officers, licensing officers and other officers to carry out such duties as it considers necessary for the purposes of this Act. (2) Persons appointed under subsection (1) shall be subject to the supervision and control of the Director- General. (3) The Agency shall ensure that every inspector is provided with a document identifying him as an inspector. 36 Monitoring functions of Director- General, inspectors and other officers The Director-General, inspectors and other officers shall exercise their functions under this Act to ensure, through monitoring, that (a) thestateandanyotherpersonoragencythatisvestedunderanyenactmentwithfunctionsaimedat promoting a healthy, clean and safe environment duly exercises those functions; and (b) environmental management plans are prepared in terms of section ninety-six and implemented in accordance with the principles of this Act; and (c) the following actions, situations and circumstances are avoided, minimised, managed or regulated, so far asispracticableandpermissibletodosounderanylaw (i) the disturbance of ecosystems, and loss of biological diversity; (ii) pollution and degradation of land, air and water; (iii) the disturbance of landscapes and sites that constitute the nation s cultural heritage; and (d) waste is re-used and recycled where possible and otherwise disposed of in a responsible manner; and (e) policies and programmes in respect of land, air, water and soil pollution and hazardous waste management are co-ordinated; and (f) environmental quality standards are co-ordinated and adhered to; and (g) generally any activity that may have an adverse effect on the environment is avoided. 37 Powers of officers and inspectors (1) Subject to this section, an officer or inspector may, for purposes of enforcing this Act and any regulations madeunderit,atallreasonabletimesandwithoutwarrantorpreviousnotice (a) enter any land, premises, vessel, vehicle or any other place in Zimbabwe to determine whether the provisions of this Act are being complied with; (b) examine any activity which the officer or inspector reasonably considers to be detrimental to the environment or natural resources; (c) takeorremovesamplesofanysubstanceorarticleforpurposesoftestoranalysisintermsofthisact: Provided that the owner or occupier of any land, premises, vessel, vehicle or other place shall be notified of any samples so taken or removed; (d) seize any article, vessel, plant, equipment or other thing which is reasonably believed to have been used inthecommissionofanoffenceunderthisact; (e) require the production of, inspect, examine or make copies of any permit, licence, records or other documentsissuedorrequiredtobekeptorexhibitedintermsofthisactoranyotherenactment. (2) Thepowersofanofficerorinspectorunderparagraph(a)ofsubsection(1)shallnotbeusedinrespectof anyplacethatisaprivatedwellingoranypartofaplacethatisdesignedtobeusedandisbeingusedasadwelling placeexcept (a) withtheconsentoftheoccupierofthedwellingplace; (b) intermsofawarrantissuedbytheagency. [Subsectionamendedbysection28ofAt6of2005] (3) Anowneroroccupierofanyplaceintendedtobeenteredbyaninspectorshallatallreasonabletimes furnish such facilities as are required by the inspector for entering the premises to exercise his powers under subsection(1).